17勛圖

 
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Free Speech, Time, Place, and Manner Policies at 17勛圖

Are You a Vendor?

Please see our Vendors and ther Solicitors Policies for free speech and other vendor information.

17勛圖 is dedicated to fostering an inclusive, respectful, and intellectually vibrant community where the free exchange of ideas is encouraged.

This page provides information about free speech, time, place, and manner policies, and guidance for students, faculty, and staff, on expressing their views while maintaining a safe and respectful campus environment.

Our Commitment to Free Speech

Our Commitment to Free Speech

17勛圖 believes in the importance of free expression as a cornerstone of educational excellence and democracy. We are committed to creating an environment where students, faculty, and community members can explore diverse perspectives and engage in meaningful discussions.

We support the right to freedom of speech, assembly, and expression, in accordance with the First Amendment of the U.S. Constitution and within the guidelines established by the district's policies.

Time, Place, and Manner Guidelines

While 17勛圖 supports free speech, it is important to ensure that expressive activities do not disrupt the educational process or infringe on the rights of others. The following guidelines are in place:

  • Designated Public Forums: Expressive activities are permitted in designated public areas, such as grassy areas, walkways, and other open spaces that are visible and accessible to the college community. These areas are chosen to balance the need for visibility with the need to avoid disrupting classes and campus operations.
  • Hours of Operation: Expressive activities are allowed during college operating hours (8:00 a.m. to 5:00 p.m.). Activities outside of these hours, including overnight use or camping, are not permitted.
  • Check-In for Non-Students: Non-student community groups wishing to engage in expressive activities are required to check in at the Welcome Center (2016) at 17勛圖 prior to starting their activities. This is not an approval process, but rather a means to ensure that campus rules are understood and respected.
  • Noise Levels and Amplification: Use of amplification devices is restricted to avoid disturbing classes and other scheduled activities. Amplified sound must be used in a way that does not disrupt the campus environment.
  • No Physical Obstruction: Participants are expected to avoid physically obstructing or impeding the movement of passersby. Aggressive physical contact is prohibited, except for incidental or accidental contact.

For a detailed overview of our policies, please refer to ,  - Speech: Time, Place, and Manner

Nondiscrimination and Harassment-Free Environment

17勛圖 is committed to maintaining an inclusive environment free from discrimination and harassment. Expressive activities must not promote hate speech, discrimination, or harassment based on race, gender, religion, national origin, or any other legally protected status.

Students, faculty, and community members are encouraged to express their views, but any form of unlawful harassment or hate speech that creates a hostile environment will be addressed in accordance with our district policies.

Learn more about our nondiscrimination policies: AP/BP 3410 - Nondiscrimination.

Would you like to use the Cesar Chavez Plaza?

Persons wishing to speak, petition, or hand out non-profit material at the Cesar ChavezPlaza:

  • Chalk Art can only be made by 17勛圖 Students and employees, and is only permitted on the bricked area of Cesar Chavez Plaza (around the speaker's rostrum). Chalk outside of this location and any chalk on walls, stones, alcoves, benches, stairs, or any structures and places outside of Cesar Chavez Plaza will be removed immediately and also classified as vandalism.
  • Check-In for Non-Students: are not allowed to have furniture, equipment, tables but you may bring hand-held signs (no banners)
  • When arriving on campus, please check in with the ASFC Welcome Center, room 2016 in the Campus Center.
    • Check-In for Non-Students: will need to check in prior to fill out sign in sheet and reserve area.
    • Students must check in to make sure no other events are taking place at that time, but no other information will be requested.

For further details, please visit the ASFC Welcome, call 650.949.7341, or email welcomecenter@foothill.edu

Free Speech FAQ

What is freedom of speech, and what does it protect? 

Freedom of speech is the right of a person to articulate opinions and ideas without interference or retaliation from the government. The term speech constitutes expression that includes far more than just words, but also what a person wears, reads, performs, protests and more. In the United States, freedom of speech is protected by the First Amendment of the U.S. Constitution, in Article I of the California Constitution, as well as many state and federal laws. The United States free speech protections are among the strongest of any democracy; the First Amendment protects speech that many might see as offensive, hateful or distasteful. 

What is hate speech? 

The term hate speech does not have a legal definition in the United States, but it often refers to speech that vilifies, incites hatred, or humiliates a person or group of people on the basis of their race, religion, ethnicity, skin color, sexual orientation, disability, or gender. While the college condemns speech of this kind, there is no hate speech exception to the First Amendment and it is only illegal if it falls into one of the categories described below, or if it is accompanied by actions and circumstances that rise to the level of harassment, discrimination, or retaliation. In fact, on many occasions, the Supreme Court has explicitly held that prohibitions or punishments for hate speech violate the First Amendment. Just because there is a First Amendment right to say something, however, 餃棗梗莽紳t mean that it should be said, and 餃棗梗莽紳t protect the speaker from the social ramifications of their speech. The First Amendment protects a right to say hateful things, but as a campus we strive to be a community where no one will choose to express hate. 

Which types of speech are not protected by the First Amendment? 

The Constitution guarantees freedom of speech by default, placing the burden on the state (or any political subdivision of the state) to demonstrate whether there are any circumstances that justify its limitation. When it comes to controversial speakers delivering remarks on campus, the relevant exceptions to the First Amendment that have been established are: 

Speech that would be deemed a true threat: Speech that a person reasonably would perceive as an immediate threat to his or her physical safety is not protected by the First Amendment.  

Incitement of illegal activity: There is no right to incite people to break the law, including to commit acts of violence. To constitute incitement, the Supreme Court has said that there must be a substantial likelihood of imminent illegal activity and the speech must be directed to causing imminent illegal activity.  

Harassment in an educational institution aimed at an individual on the basis of a protected characteristic (race, gender, sexual orientation, religion); that is also pervasive and severe; is a direct or implied threat to employment or education; or creates an intimidating, hostile and demeaning atmosphere.  

Obscenity with no artistic/political/educational value: Some speech may lose its protection when it depicts or describes something in a patently offensive manner without any artistic, political, literary, or scientific value. For instance, while a photographer has the right to take and display photographs for artistic or journalistic purposes, some subjects like child pornography have been found to be unprotected speech. 

Why are phrases that make certain populations of our community feel uncomfortable, unsafe, and/or unwelcome allowed to remain on campus?

Our mission statement challenges us to embrace inclusivity, serve diverse learners, and equip our students to think critically to address complex societal challenges. These are not light statements nor easy work. This is truly a challenge. It means that we need to commit to being an institution where diverse views can be expressed, which is where we find the concept of academic freedom colleges play a vital role in a democracy by providing an environment in which free inquiry, study, evaluation, and learning occur, where academics gain new maturity and understanding. We need to acknowledge as a community that many societal issues are complex, with different legitimate perspectives. As an educational institution we need to allow diverse perspectives and opinions to be displayed and discussed. We do not want to be in the business of censoring free speech because, among other things, that stifles a learners ability to develop critical thinking skills. As educators, we know that growing, learning, and reflecting on what we believe is challenging and often feels uncomfortable. Working through feeling uncomfortable by considering others perspectives is part of learning to think critically and part of growing into your own perspective and opinions. That said, as a community emphasizing our free speech rights, we should always do that with awareness of how our language is impacting others. Sharing your perspective is important but should be done from the lens of understanding its impact on others. 

Where are members of our community allowed to express their ideas? 

Our Time, Place, and Manner policy, BP and , do not allow political speech to be posted or propagated everywhere/anywhere on campus. Expressive activities are preferred on Cesar Chavez Plaza, after checking in at the welcome center.  

What are the time, place, and manner restrictions? 

The Supreme Court has said that public entities have discretion in regulating the time, place, and manner of speech. The right to speak on campus is not a right to speak any time, at any place and in any manner that a person wishes. The campus can regulate where, when and how speech occurs to ensure the functioning of the campus and achieve important goals, such as protecting public safety. 

District Time, Place and Manner Policy:  

Why are chalk writings erased or not erased? 

We have a culture on our campus that has allowed chalk writing over the years, most especially with general artistic expressions, supporting students during exams, and advertising events. Therefore, while not explicitly mentioned in our Time, Place, and Manner policy, it is an allowed medium by precedence. We allow chalk writing at the Cesar Chavez Plaza. Chalk outside that location and any chalk on walls, stones, alcoves, benches, stairs or any structures and places outside the Plaza is removed and also classified as vandalism. This is because chalk on some building materials is very difficult to remove. Per our Time, Place, and Manner policy, chalk art may be removed after the normal business hours of the day; Facilities routinely clean up our campus in this respect, whether the expression is in chalk, on flyers, or on signs/banners left behind. Also, as a respectful community that learns from and supports each other, we remove any chalk writing that specifically addresses individuals. 

What resources are available to me if I feel uncomfortable, unsafe, and/or unwelcome? 

Our community is using the phrases uncomfortable, unsafe, and unwelcome in vastly different meanings. Part of discovering what resources are the right next step for yourself is to really reflect on your own use of those phrases. Most importantly, if you are feeling physically unsafe by a situation on campus, immediately call the district police using either 911 or 408.924.8000. We recognize the political perspective and language that some use can be a triggering reminder of traumas for others. Students have access to free, 24/7 live (virtual) mental health professionals through our TimelyCare app. Students can also make appointments for free, in person mental health support with our Mental Health and Wellness Office. Faculty and staff have access to mental health resources through our . 17勛圖 also has a large array of diverse student clubs. Students are encouraged to engage in clubs to help build their own community of welcoming peers with shared perspectives and lived experiences. 

I am feeling harassed by fellow members of my community because of my political views. What can I do? 

We encourage all members of our community: administrators, faculty, staff, and students to respect the differing opinions and perspectives of our community. Our mission as an educational institution challenges all of us to share our perspectives and opinions from a place of humility. None of us are the sole owners of the truth, and we all have things to learn from each other. This shared growth cannot occur if there 勳莽紳t an authentic acceptance that it is OK for others to have different opinions and perspectives. Our community suffers when we approach interactions with others who differ from us as a competitive one, where we want to convince the other side that our perspective is the right one.  

Free speech & Speakers on campus 

If it is known that an event with a controversial speaker may lead to physical violence, is that legal grounds for the college to cancel the event? 

The Supreme Court has made it clear that a public institution cannot prevent speech on the grounds that it is likely to provoke a hostile response. Stopping speech before it occurs is called a prior restraint, and prior restraints of speech are almost never allowed. While the campus is constitutionally required and committed to doing what it can to protect speakers and to prevent disruption or violence, if, despite all efforts by the campus, there is a serious threat to public safety and no other viable alternative is available, a speakers event can be canceled. This is a last resort, and this decision is never based on the views of the speaker. The campus paramount need is to protect the safety of its students, staff and faculty. Only student groups who invite speakers have the authority to disinvite them.  

How can I report hate speech or hate crime?

Reporting hate speech or hate crimes on campus is crucial for maintaining a safe and inclusive environment. Please contact campus police at 650.949.7313/Room 2103 and/or you can also submit a report to the Office of Student Affairs using the reporting form.
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Campus Center, Building 2000 Upper Level Room 2016

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